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HomeMy WebLinkAboutMarch 18, 2013COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA March 18, 2013 The Common Council of the City of Jeffersonville, Indiana met in regular session in Room 101, 500 Quartermaster Court, Jeffersonville, Indiana at 7:OOpm, on Monday March 18, 2013. Council President Connie Sellers, with Vicki Conlin, City Clerk, called the meeting to order at 7:04 pm. President Seller asked those in attendance to stand as Bobby Campbell gave the invocation. Council President Sellers then led all those present in the Pledge of Allegiance to the Flag. The roll call and those present were: Councilperson Smith, Councilperson Gill, Councilperson Glover, Councilperson Zastawny, Councilperson Samuel, Council President Sellers, Councilperson Payne, Councilperson Owen, and Councilperson Vice President Julius. APPROVAL OF THE AGENDA: Councilperson Gill made a motion to APPROVE the agenda with the addition of the Police bond resolution under Old Business and an additional appropriation ordinance that is goes with number 2 under New Business. Councilperson Zastawny seconded, PASSING on a vote of 9-0. MINUTES TO BE APPROVED: Councilperson Gill made a motion to APPROVE the minutes from March 4th, 2013, Councilperson Payne seconding, PASSING on a vote of 9-0. CLAIMS TO BE APPROVED: General Claims: Mrs. Deering presented the general claims list to the Council for approval in the amount of $185,445.62 with a hand carried claim for JNLA in the amount of $15,000. Councilperson Zastawny made a motion to APPROVE the claims list in the amount of $185,445.62, which includes the $15,000 amount into the total. Councilperson Payne seconded, PASSING on a vote of 8-0-1 with Councilperson Julius abstaining. Councilperson Samuel asked Mrs. Deering if she could look into the insight amount on page 4. Mrs. Deering agreed. Councilperson Samuel also asked about the Coyle Chevy lease payment. Mr. Merkley stated that is an annual payment. Councilperson Julius abstained from voting. MAYOR COMMENT: None at this time. REPORT OF THE CLERK: Deputy Chief Erica Burress spoke to the council regarding the sound of the current recording system. She stated that the recording systems' audio mixer box is faulty and after much work on the phone with technical support at BIS recording and with I.T. Director Matt Dyer, the software company will be sending someone up from Florida free of charge to fix the box. Mrs. Burress stated that currently the Clerk's office is using the new system as well as the old system to record for clarity purposes. DEPARTMENT HEAD REPORTS: Andy Crouch: City Engineer Andy Crouch requested the amendment of the salary ordinance to include a water resource coordinator for drainage. Mr. Crouch stated the employee addition was approved by drainage board and will work directly under his instruction, but has sole concentration on storm water. 1 The employee will be full time and one of the many qualifications will be the requirement of an associate degree and relative work experience. The position would be at a minimum pay grade 7 starting at $37,000. Councilperson Gill added that the individual will be paid out of drainage. Councilperson Zastawny made a motion to APPROVE the water resource coordinator into the salary ordinance at a pay grade minimum 7. Councilperson Gill seconded, PASSING on a vote 9-0. Ken Pierce: Council President Sellers asked Judge Pierce since he is not a department head, but rather an elected official, that he goes through the proper channels to be placed on the agenda the next time he wants to come before the Council. Judge Pierces clarified that from now on he needs to be put on the agenda for a council meeting and Council President Sellers verified by stating yes. Judge Pierce came before the council to request the approval of an additional employee to his staff stating that he lost a third employee to the Clerk's office when he had only agreed to lose two employees. Judge Pierce handed out three state statues that he said states the Court "SHALL" appoint a probation secretary to be paid out of city funds. Judge Pierce presented IC 11-13-1-2 titled Administrative personnel; appointment; term; salaries, IC 33-35-3-7 books, dockets, papers, and printed blanks, and IC 35-38-2- 1Conditions of probation; advice on violation specification in record; administrative costs; transfer of three percent probations user fee; administrative fee; user fee; collection of administrative fee; disposition of money collected; supplemental adult probation services fund; payment by credit card; credit card service feed. Judge Pierce stated Mrs. Gross has his information to do job description but he does not feel it is necessary since the statue states "SHALL." Judge Pierce stating he had an employee taken from him which was the employee he was going to use for the probation secretary place indicated in statue. Judge Pierce requests Council assistance in this matter because he feels that since that employee was "taken from" him that he is statutory right was infringed upon. Judge Pierce asked the Council to please advice on how to proceed. Councilperson Samuel asked if this request is reflected in the salary ordinance for tonight. Judge Pierce stated it was tabled until he could follow procedure of getting job description that he feels is unnecessary due to his statutory right to appoint a Bailiff, probation secretary, and he has statutory duty to clerical needs. Mr. Lewis stated that since these matters are part of an ongoing lawsuit between the Judge and the Clerk and recommends that anything the Judge is proposing be tabled until the lawsuit matter is handled in court. Mr. Lewis stated the lawsuit is dealing with the duties between the two offices. Mr. Lewis referred the Judge to the Indiana Supreme Court case regarding probation user fee with city and town courts and the language in that case and Judge Pierce stated he had read the case. Mr. Lewis continued to refer to the language in that case stating he had worked on the case and Judge Pierce stated "Congratulations" and asked the Council if this matter is going to be tabled. Jude Pierce asked then if the Clerk's portion be tabled as well. Judge Pierce stated the lawsuit pending has nothing to do with employees but rather duties of the two offices. Council President Sellers stated they are going to follow what their attorney Mr. Lewis recommends and table the matter. Judge Pierce then asks how he lost an extra employee and all the other budgetary items are going to be approved. Mr. Lewis stated that that employee submitted a resignation letter to him. Judge Pierce verified that statement and then asked if this means he is able to hire another employee today. Mr. Lewis stated that he did not state that, but these duties and employees are part of pending litigation. Councilperson Samuel suggested the council accept the information and take it under advisement. Judge Pierce stated he is okay with that and if the council wishes to wait until the case is over with it could be upwards of 6 months. Councilperson Zastawny stated the 10 minutes is up for the Judge to speak. 2 A. UNFINISHED BUSINESS: 1. Nathan Samuel — Recognition of Phil Bates: Councilperson Samuel spoke in regards to the success Phil Bates from Housing Authority has had within the community. Councilperson Samuel stated that Mr. Bates has dedicated 43 years of dedicated service to the community, with a Targe amount of that time as Director of relocation services and serving on countless community boards. Mr. Bates spoke and stated that he feels honored and is thankful for the recognition. Mr. Bates stated that he felt the City of Jeffersonville needed to continue to change and he is looking forward to working with any of the city officials in the future with any assistance as they grow. The Council handed Mr. Bates a plaque demonstrating his recognition. 1 A. Les Merkley- Police Bond Resolution 2013-R-3: Mr. Merkley presented an ordinance to authorize the issuance of up to 11 million dollars in bonds for the Police Station. Mr. Merkley stated they will be Redevelopment Bonds, but will be a BPW project due to the circumstances that BPW meets every week and Redevelopment meets monthly. Mr. Merkley stated that the bond will be backed up with TIF dollars and Redevelopment was expecting some assistance from LOIT in the annual bond payment of $800,000. Mr. Merkley stated that estimated construction cost with all alternates is 6.8 million dollars and the estimated cost with no alternate is 5.5 million dollars. The costs for up to 11 million includes, but not limited to closing costs, legal fees, bond counsel, furniture, renovation of old station, security pros, 1 million back to LOIT, and debt costs. Councilperson Owen made a motion to APPROVE 2013-R-3 with Councilperson Gill seconding, PASSING on a vote of 9-0. 2. Les Merkley- 2013 -OR -1 An Ordinance Establishing Fee in Lieu of Required Sidewalk Installation (Waiver) and the Sidewalk Waiver Non -Reverting Fund (passed on 1st reading 1/22/13): Mr. Merkley presented the amended sidewalk ordinance that passed on a 1st and 2nd reading at the last meeting requesting a third reading. Mr. Merkley handed out an exhibit A that is an attachment to the ordinance. Councilperson Smith asked if the price on permeable can be amended into the ordinance at a later time and Mr. Merkley stated yes. Council President Sellers stated that costs are subject to change. Councilperson Zastawny made a motion to APPROVE 2013 -OR -1 on a third reading with the addition of the word permeable to the Exhibit A. Councilperson Owen seconded, PASSING on a vote of 8-1 with Councilperson Payne voting nay. B. NEW BUSINESS: 1. Delynn Rutherford & Melissa Woods — 2013-R- Resolution Of The City Council Authorizing the Submittal of the Disaster Application to the Indiana Office Community and Rural Affairs and Addressing Related Matters: Councilperson Zastawny made a motion to TABLE with Councilperson Owen seconding, PASSING on a vote of 9-0. 2. Amy Deering — 2013-R-4- A Resolution to Initiate Special Appropriation: Mrs. Deering presented 2013-R-4 to the Council for approval so that the advertisement can be placed in the paper to initiate special appropriation. The total appropriation amount, including the new water resource coordinator, is $237,005.10. Councilperson Samuel asked the Council how they wanted to proceed regarding Judge Pierce's claim that he is entitled to another employee due to State Statute. Councilperson Samuel stated that the Council needs to at least address the information as to avoid any type of lawsuit. Mr. Lewis stated that the lawsuit between the Clerk and the 3 B. NEW BUSINESS: Judge is to settle the job duties between the two offices. Councilperson Owen stated these decisions were made through the finance committee and we should follow through with these decisions. Councilperson Glover stated that the Judge brought up the point that this may not be decided in court for months and asked if he is supposed to run his office with one less employee that he believes he is supposed to have. Councilperson Sellers stated that that is why the Council stated they would take the information he gave them under advisement. Mr. Lewis stated that the Judge can always request an emergency hearing and speed the process along if he so wishes to. Mr. Lewis stated that the discussions regarding this are more suitable for an executive session. Councilperson Samuel stated that the council immediately acted when it was found out that statute was being followed with Mrs. Conlin and he feels the council needs to be consistent in their actions. Councilperson Payne stated that Mrs. Conlin did not come to a council meeting stating what she found, but however came to the council stating that this is what SBOA's said this is what needs to be. Councilperson Gill also pointed out there was not currently a lawsuit at the time. Councilperson Zastawny made a motion to APPROVE with Councilperson Smith seconding, PASSING on a vote of 9-0. Councilperson Zastawny asked about the line regarding $60,000 from LOIT. Mrs. Deering stated that that was something that was mistakenly taken out of EDIT instead of LOIT. 2 A. Amy Deering- 2013 -OR -3: An Ordinance of Additional Appropriation: Mrs. Deering presented 2013 -OR -3 to the council requesting approval on a 1St reading that will appropriate the money mentioned in 2013-R-4. Although it still needs to be advertised, the first reading of this ordinance can be done as a first step. The addition of water coordinator will need to be added into the total just as was done on 2013-R-4. Councilperson Zastawny made a motion to APPROVE 2013 -OR -3 on a first reading with the addition of the water resource coordinator to bring the amount total to $237,005.10. Councilperson Smith seconded, PASSING on a vote of 9-0. 3. Amy Deering- 2013 -OR- 4: An Ordinance of Additional Appropriation by Reduction: Mrs. Deering requested approval of 2013 -OR -4 stating that it is to move the parks money over into one fund as decided by the Council at the end of last year and to also reduce the parks budget due to the 1782 notice from the State. Councilperson Glover expressed some concerns about being able to track the expenditures if the funds are all into one non -reverting. Councilperson Glover stated that it is up to Mrs. Deering, but would like to find a way to still be able to track the expenditures from a Council standpoint. Mrs. Deering stated she would look into it and it may be possible to do a detail history report to show the expenditures. Councilperson Smith made a motion to TABLE until the Council and Mrs. Deering can have more time to look into the matter. Councilperson Owen asked if the Council will need to still come back soon to reduce that amount from Parks for the 1782 notice. Mrs. Deering stated yes. Councilperson Payne seconded, PASSING on a vote of 9-0 4. Amy Deering- 2013 -OR -5: An Ordinance Amending the 2013 Salary Ordinance of 2012 -OR -49 Fixing the Salaries of Appointed Officers, and Employees for all the Departments of the City of Jeffersonville, Clark County, Indiana for the year 2013: Mrs. Deering presented 2013 -OR -5 to the council for approval with the addition of the water resource coordinator as a pay grade 7. Mrs. Deering stated that this reflects the moving of the employees from City Court to City Clerk. Councilperson Zastawny made a motion to APPROVE on a first reading with Councilperson Owen seconding, PASSING on a vote of 9-0. 4 5. Les Merkley- 2013 -OR -6: An Ordinance Amending 2012 -OR -36 An Ordinance Regulating Door -to - Door Solicitation, Peddling and Transient Merchants: Mr. Merkley presented a revised version of the door-to-door ordinance that will allow political advocates. The changes to the ordinance are intended to not infringe on public speech of those political advocates. Councilperson Gill made a motion to SUSPEND the rules with the anticipation to of passing 2013 -OR -6 on all three readings so as to not infringe on the freedom of speech of political advocates. Councilperson Owen seconded, PASSING on a vote of 9-0. Councilperson Owen made a motion to APPROVE 2013 -OR -6 on all three readings, with Councilperson Payne seconding, PASSING on a vote of 7-2 with Councilperson Payne and Smith voting nay. C. PUBLIC COMMENT: NONE D. COUNCIL COMMENT: Councilperson Smith: none Councilperson Zastawny: none Councilperson Payne: none Councilperson Gill: none Councilperson Glover: none Councilperson Julius: Saturday the Jeffersonville High School Boys basketball team went to semi -state and would like to thank Gray and Wells for hosting the send-off and to the Council members that were there. Councilperson Julius also asked how far along is the ordinance regarding credit card usage. Mr. Merkley stated that he has something he has been working on and can present it at the next meeting, but it will affect everyone including the City Council members. Councilperson Owen: Stated that Vissing Park was busy on Saturday when it was nice out and it is great to see the park being utilized. Councilperson Owen asked if the five year capital plan has a section set aside for the Parks department. The consensus was that it does not, but Councilperson Zastawny stated that it is not a binding plan. Councilperson Samuel: Agreed with the other council members attending Legislative day in Indianapolis to meet at City Hall in the morning at 6 A.M. President Sellers: Council President Sellers reminded everyone of the Council -Redevelopment workshop Wednesday at 5:30 P.M. Council President Sellers presented the ordinance regarding council approval for expenditures over $5,000 to the Council for discussion. Council President Sellers this proposal is the same as last year. The Council agreed to look over it. 5 ADJOURNMENT: Councilperson Owen made the motion to ADJOURN, seconded by Councilperson Samuel, passing on a vote of 9-0. Meeting ADJOURNED at 8:35 P.M. A PROVED BY: Connie Sellers, President STED BY: Vicki Conlin, City Clerk 6